KOTINA PAPAYYA Vs. SAMMINGA APPALANAIDU

JUDGEMENT

(1.) This reference raises an interesting though a difficult question as to the interpretation of the Madras Civil Courts (Andhra Amendment) Act, 1955 (I of r956), hereinafter referred to as the Act, which raised the monetary jurisdiction of the Subordinate Appellate Courts. The controversy is whether this enactment which came into force on 1st April, 1956, has a retrospective effect so as to affect the right of appeal to the High Court arising out of pending suits.

(2.) The reference has been made by the District Judge, Visakhapatnam, on an objection raised by the respondents in some of the appeals as to the competency of that Court to entertain appeals whose value is more than Rs. 5,000 and less than Rs. 7,500 arising out of suits instituted prior to the passing of this Act. This statute though passed by the Legislature of the Andhra State in 1955, received the assent of the President on 4th January, 1956. By and under the terms of the enactment, the State Government was empowered to appoint the day for the coming into force of the provisions of the amended enactment. The Act was published in the Andhra Gazette on12th January, 1956. Pursuant to the powers conferred by section 1(2) of the Act, the State Government issued a notification after consulting the High Court on 7th March, 1956, specifying the amount or value of the subject-matter of the suit as not more than Rs. 7,500 for the purpose of appeals to the District Court from the decrees and orders of the Subordinate Judges and District Munsifs, and also fixing 1st April, 1956, as the date on which the provisions of this Act would come into force.

(3.) The present Act which amended the Madras Civil Courts Act, 1873 (Central Act III of 1873) substituted in section 13 of the Civil Courts Act the words ' ten thousand' for the words 'five thousand.' The result of the amendment would be whereas hitherto an appeal would lie to the High Court if the valuation was Rs. 5,000, after the Amendment Act the appeal will have to be filed only in the District Court if the valuation does not exceed Rs.10,000. Undeniably, all the suits which have given rise to this reference were instituted long before the passing of this Act. That being the position, would it be within the competence of the District Court to take cognizance of appeals whose value exceeds Rs. 5,000 and is below Rs.7,500 ? The answer to this depends upon whether this enactment is retrospective or only prospective.